by JFM Team | Jul 30, 2020
Customer connections are vital to the success of a business. All employers have a legitimate interest to maintain and protect their confidential information and customer relationships. The fragility of an employer’s client base is often revealed when a key employee...
by JFM Team | Jan 21, 2019
The restraint of trade clause came about because many employers are worried that their employees will leave their business to work for a competitor, or start up a rival business and take their employees, clients and suppliers with them. A restraint clause is only...
by JFM Team | Oct 21, 2016
How can employers make restraints of trade enforceable? The court’s decision in the 2016 case set out below suggests that there are three golden rules to follow. In Just Group Ltd v Peck [2016] VSC 614, McDonald J held that a restraint of trade clause in a senior...
by JFM Team | Aug 10, 2016
In DP World Sydney Ltd v Guy [2016] NSWSC 1072, White J clarified a number of the principles that are used to determine whether a restraint of trade clause is enforceable. In so doing, he highlighted some important lessons for employers and executive employees. Facts...
